CC Resolution 2011-054RESOLUTION NO. 2011 - 054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, ADOPTING THE LOCAL
DEVELOPMENT MITIGATION FEE SCHEDULE
APPLICABLE TO NEW DEVELOPMENT WITHIN THE CITY
OF LA QUINTA
WHEREAS, the City Council of the City of La Quinta, California did, on the
21st day of June 2011, hold a duly noticed Public Hearing to consider adopting the
Local Development Mitigation Fee Schedule, and
WHEREAS, the City of La Quinta City Council ( "City ") finds that the
ecosystems of the City, Coachella Valley and surrounding mountains located in
central Riverside County, and the vegetation communities and sensitive species
they support are fragile, irreplaceable resources that are vital to the general welfare
of all residents; and
WHEREAS, these vegetation communities and natural areas contain habitat
value which contributes to the City's and the region's environmental resources; and
WHEREAS, special protections for these vegetation communities and natural
areas must be established, maintained and perpetually preserved to prevent future
endangerment of the plant and animal species that are dependent upon them; and
WHEREAS, adoption and implementation of Ordinance 487 (the "Ordinance ")
and this Resolution will help to enable the City to achieve the habitat conservation
goals set forth in the Coachella Valley Multiple Species Habitat Conservation
Plan /Natural Community Conservation Plan ( "MSHCP "), adopted by the City
Council on October 16, 2007, to implement the associated Implementing
Agreement executed by the City Council on October 16, 2007, and to preserve the
ability of affected property owners to make reasonable use of their land consistent
with the requirements of applicable laws, which could include the National
Environmental Policy Act ( "NEPA "), the California Environmental Quality Act
( "CEQA "), the Federal Endangered Species Act ( "FESA "), the California Endangered
Species Act ( "CESA ") and the California Natural Community Conservation Planning
Act ( "NCCP Act "); and
WHEREAS, the purpose and intent of the Ordinance and this Resolution is to
amend the previously established Local Development Mitigation Fee to establish a
new portion of the fee dedicated to the conservation of those properties in
perpetuity in order to protect the biological diversity and the natural ecosystem
processes that support this diversity; the protection of vegetation communities and
natural areas within the City, Coachella Valley and surrounding mountains located
in central Riverside County which are known to support threatened, endangered or
key sensitive populations of plant and wildlife species; the maintenance of
Resolution No. 2011 -054
Local Development Mitigation Fee Schedule
Adopted: June 21, 2011
Page 2 of 5
economic development within the City by providing a streamlined regulatory
process from which development can proceed in an orderly process; and the
protection of the existing character of the City and the region through the
implementation of a system of reserves which will provide for permanent open
space, community edges and habitat conservation for species covered by the
MSHCP; and
WHEREAS, as a Member Agency of Coachella Valley Conservation
Commission ( "CVCC "), the City participated in the preparation of a new "Local
Development Mitigation Fee Nexus Report ", dated May 16, 2011, ( "Nexus Report")
prepared pursuant to California Government Code, Section 66000 at seq., the
Mitigation Fee Act; and
WHEREAS, the City has reviewed the new Nexus Report, and hereby finds
that future development within the City will substantially adversely affect the
natural ecosystems and covered species within the City, as identified in the
MSHCP, and that unless such development contributes to the cost of acquiring
land and preserving these natural ecosystems and covered species, the
conservation goals of the MSHCP will not be met; and
WHEREAS, the City finds that the Nexus Report proposes a fair and
equitable method for distributing a portion of the cost of implementing the MSHCP
and mitigate the impact, including the costs of preservation, caused by new
development; and
WHEREAS, pursuant to the Mitigation Fee Act; the City Council adopts the
Nexus Report, a copy of which is on file in the City, Clerk's office, and the findings
contained therein which provide additional support for the fees adopted by this
Resolution; and
WHEREAS, in addition to the foregoing, the City Council hereby adopts in
their entirety the findings contained in Section 2 of the Ordinance and any fees
adopted by this Resolution shall be based on these findings; and
WHEREAS, pursuant to Government Code sections 66016, 66017 and
66018, the City has: (a) made available to the public, at least ten (10) days prior to
its public hearing, data indicating the estimated cost required to provide the
facilities and infrastructure for which these development fees are levied and the
revenue sources anticipated to provide those facilities and infrastructure; and (b)
held a duly noticed, regularly scheduled public hearing at which oral and written
testimony was received regarding the proposed fees.
NOW, THEREFORE, the City Council of the City of La Quinta does hereby
resolve as follows:
Resolution No. 2011 -054
Local Development Mitigation Fee Schedule
Adopted: June 21, 2011
Page 3 of 5
Section 1. Repealed. Resolution 2007 -095 is hereby repealed on the effective
date hereof and all prior Resolutions adopting the Local Development Mitigation Fee
are hereby repealed to the extent that they are inconsistent with the provisions of
this Resolution.
Section 2. Findings. The recitals set forth above are hereby adopted as findings
in support of this Resolution. The findings contained in both the Nexus Report and
Section 2 of the Ordinance are also adopted herein as findings in support of this
Resolution.
Section 3. Definitions. The terms of this Resolution shall have the same meaning
ascribed to them in Section 4 of Ordinance No. 487.
Section 4. Fee Schedule. There is hereby adopted the following fee schedule for
the Local Development Mitigation Fee:
(1) Residential, density less than 8.0 dwelling units per acre - $1,254 per
dwelling unit
(2) Residential, density between 8.1 and 14.0 dwelling units per acre - $521 per
dwelling unit
(3) Residential, density greater than 14.1 dwelling units per acre - $230 per
dwelling unit
(4) Commercial - $5,600 per acre
(5) Industrial - $5,600 per acre
Section 5. CEO>A Findings. The City Council hereby finds that in accordance
with the California Environmental Quality Act ( "CEQA ") and the CEQA Guidelines
the adoption of this Resolution is exempt from CEQA pursuant to Section
15061(b)(3) and Public Resources Code section 21166.
Section 6. Severability. This Resolution and the various parts, sections, and
clauses thereof, are hereby declared to be severable. If any part, sentence,
paragraph, section, or clause is adjudged unconstitutional or invalid, the remainder
of this Resolution shall not be affected thereby. If any part, sentence, paragraph,
section, or clause of this Resolution, or its application to any person entity is
adjudged unconstitutional or invalid, such unconstitutionality or invalidity shall
affect only such part, sentence, paragraph, section, or clause of this Resolution, or
person or entity; and shall not affect or impair any of the remaining provision,
parts, sentences, paragraphs, sections, or clauses of this Resolution, or its
application to other persons or entities. The City Council hereby declares that this
Resolution No. 2011 -054
Local Development Mitigation Fee Schedule
Adopted: June 21, 2011
Page 4 of 5
Resolution would have been adopted had such unconstitutional or invalid part,
sentence, paragraph, section, or clause of this Resolution not been included herein;
or had such person or entity been expressly exempted from the application of this
Resolution.
If the fees collected for the conservation of the land, including the monitoring and
management thereof, are later adjudged by a final unappealable judgment of a court
of competent jurisdiction to be unconstitutional or invalid, the prior Local
Development Mitigation Fee adopted under the prior Local Development Mitigation
Fee Nexus Study on January 15, 2007 and the corresponding Ordinance No. 453,
and Resolution 2007 -095 shall each be revived and shall continue for the life of the
MSHCP.
Section 7. Effective Date. September 1, 2011, however, in no event shall this
Resolution take effect prior to sixty (60) days after the date of its adoption.
PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La
Quinta City Council, held on this the 21 b` day of June, 2011, by the following vote,
to wit:
AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph
ABSENT: None
ABSTAIN: None
V *** ' �""
Don Adolph, Mayor
City of La Quinta, California
ATTEST:
CMC, City Clerk
�"ICITY- SEAL) „
Resolution No. 2011 -054
Local Development Mitigation Fee Schedule
Adopted: June 21, 2011
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APPROVED AS TO FORM:
M. Katherine Jen , Ity Attorney
City of La Quinta, CWifornia